Cybercrime Code
altering or causing harm to, or, disrupting, degrading, destroying an electronic system or device, data,
infrastructure, or program, is guilty of a crime.
Penalty:
(a)
In the case of a natural person (i)
imprisonment for a term not exceeding 15 years; or
(ii)
a fine not exceeding K50,000.00; or
(iii)
(b)
(2)
prohibition from accessing and using ICTs or electronic systems or
devices for the term of imprisonment imposed plus an additional two
years; or
(iv)
all or any of Subparagraphs (i), (ii) or (iii); and
Inthe case of a body corporate, a fine not exceeding K500,000.00.
Where the offence under Subsection (1) is committed against a critical infrastructure, the
offender is guilty ofa crime.
Penalty:
(a)
Inthe case ofa natural person (i) imprisonment for a term not exceeding 25 years;
(ii)
(iii)
(b)
(iv)
a fine not exceeding K 100,000.00; or
or
prohibition from accessing and using ICTs or electronic systems or
devices for the term of imprisonment imposed plus an additional two
years; or
all or any of Subparagraphs (i), (ii) or (iii);
and
In the case ofa body corporate, a fine not exceeding K1,000,000.00.
28.
ONLINE COPYRIGHT INFRINGEMENT.
A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse
or justification, or recklessly, uses an electronic system or device, and knowingly and repeatedly (a)
infringes; or
(6)
authorises the infringement of; or
(c)
facilitates or enables the infringement of,
a right protected under the Copyright and Neighbouring Rights Act 2000 or any other laws relating to
copyright, is guilty ofa crime.
Penalty:
(a)
(b)
29.
ONLINE
In the case ofa natural person (i) imprisonment for a term not exceeding 15 years; or
(ii) a fine not exceeding K100,000.00; or
(iii) prohibition from accessing and using ICTs or electronic system or
devices for the term of imprisonment imposed plus an additional two
years; or
(iv)
all or any of Subparagraphs (i), (ii) or (iii); and
In the case ofa body corporate, a fine not exceeding K1,000,000.00.
TRADEMARK
INFRINGEMENT.
A person who, intentionally and without lawful excuse or justification, or in excess of a lawful excuse
or justification, or recklessly, uses an electronic system or device, and knowingly or repeatedly (a)
sells;
or
(b)
exposes for sale,
goods or services to which a forgery of a registered trademark is falsely applied in contravention of the
Trademarks Act (Chapter 385), or any other laws relating to trademarks, is guilty of a crime.
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